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2025 DAILYLAW 96705 (ALL)

JENTAR SINGH v. STATE OF U.P. AND ANOTHER

NA528/37317/2025 · 2025-09-23

Sanjay Kumar Pachori

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37317 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Kamal Singh, learned counsel for the applicant, Sri Prem Chandra, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, A.G.A. for the State and perused the material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 17.07.2025 passed by Additional Sessions Judge/ Special Judge (E.C.) Act, in Criminal Revision No. 10 of 2025, whereby the revisional court affirmed the order dated 10.10.2024 passed in Complaint Case No.12279 of 2023, by which the learned Magistrate took cognizance under Sections 323, 504, 506, 354 of I.P.C., Police Station- Kotwali Orai, District Jalaun at Orai. Learned counsel for the applicant submits that the offence is punishable up to 7 years imprisonment. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused. After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph Versus Counsel for Applicant(s) : Kamal Singh Counsel for Opposite Party(s) : G.A. Jentar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would expect a better exercise of discretion on the part of the court in favour of the accused. The application stands disposed of with the aforesaid liberty. September 24, 2025 Ishan NA528 No. 37317 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad